Item D26 D26
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: D26
2023-1262
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING: Ratification of Amendment#2 to Federally Funded Subgrant
Umbrella Agreement E2012 between the Florida Department of Commerce(formerly known as Florida
Department of Economic Opportunity) and Monroe County Board of County Commissioners/Monroe
County Social Services to extend the contract period by one additional year, effective 7/01/2023
through 6/30/2024.
ITEM BACKGROUND:
This cost reimbursement agreement encompasses the pre-existing Low Income Home Energy
Assistance Program (LIHEAP) agreement, Weatherization Assistance Program(WAP) agreement and
the Low Income Household Water Assistance Program (LIHWAP) agreement under one subgrant
umbrella agreement. The purpose of this amendment is to extend the Agreement by one additional year,
and to change the name of the agency from the Florida Department of Economic Opportunity to Florida
Department of Commerce.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved modification #1 on 5/18/2022.
CONTRACT/AGREEMENT CHANGES:
Extension and agency name change
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BACKUP E2012_MONR_UA_Mod-l-docu ent.pdf
Amendment2.pdf
FINANCIAL IMPACT:
N/A
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MODIFICATION NUMBER ONE OF AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
AND
MONROE COUNTY, FLORIDA
On March 16, 2021, the State of Florida, Department of Economic Opportunity ("DE "), and Monroe County,
Florida ("Subrecipient"), entered into Subgrant Agreement E2012 ("Agreement"). DEO and Subrecipient are
sometimes referred to herein individually as a "Party"and collectively as"the Parties."
WHEREAS,Section 4 of the Agreement provides that any amendment to the Agreement shall be in writing and
executed by the Parties thereto;and
WHEREAS,the Parties wish to amend the Agreement as set forth herein.
NOW THEREFORE,in consideration of the mutual covenants and obligations set forth herein,the receipt and
sufficiency of which are hereby acknowledged,the Parties agree to the following:
1. Section A., is hereby deleted in its entirety and replaced with the following:
A. The U.S. Department of Health and Human Services("HHS")administers the Community Services Block
Grant("CSBG"),the Low-income Home Energy Assistance Program ("LIHEAP"),and the Low-income
Household Water Assistance Program("LIHWAP")at the federal level and distributes block grant funds
to the States; and
2. Section B., is hereby deleted in its entirety and replaced with the following:
B. DE O is the CSBG, LIHEAP,and LIHWAP recipient grantee,and pass-through entity for the State of Florida,
designated by HHS to receive funds annually for program purposes and is authorized to distribute block
grant funds to subrecipients so that subrecipients may provide self-sufficiency, home energy,and water
assistance benefits to eligible households;and
3. Section E., is hereby deleted in its entirety and replaced with the following:
E. Subrecipient is eligible to receive LIHEAP, LIHWAP, and WAP grant funds in order to provide the services
identified herein
4. Section 2.,SCOPE OF WORK,first sentence,is hereby deleted in its entirety and replaced with the following:
"The Subrecipient shall provide services in support of the LIHEAP,LIHWAP,and WAP Programs in accordance
with the applicable Attachment(s) included with this Agreement."
5. Section S.B., FUN DING/CONSIDERATION, is hereby deleted in its entirety and replaced with the following:
B. By signing below the Subrecipient certifies that it is qualified and eligible to receive these grant funds in
order to provide the services of the LIHEAP, LIHWAP, and WAP programs for which the Subrecipient
receives funds from DE .
6. Section 6.B., FISCAL AND ADMINISTRATIVE CONTROLS, is hereby deleted in its entirety and replaced with
the following:
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B. The Subrecipient hereby certifies to DEO that written administrative procedures, processes, and fiscal
controls are in place for the operation of LIHEAP, LIHWAP, and WAP programs or projects for which the
Subrecipient receives funds from DEO.The written administrative procedures, processes, and fiscal controls
described in this paragraph must, at minimum, comply with applicable state and federal law, rules,
regulations,guidance, and the terms of this Agreement. DEO may provide periodic guidance and technical
assistance to the Subrecipient to ensure compliance with this section.
7. Section 19,,INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS,is hereby amended to add the
following:
L. CONFIDENTIALITY AND SAFEGUARDING INFORMATION
(1) Each party may have access to confidential information made available by the other. Subrecipient
shall comply with the provisions of the Florida Public Records Act, Chapter 119, F.S,, and other
applicable State and federal laws governing the disclosure of any confidential information received
by the State of Florida. Subrecipient must implement procedures to ensure the protection and
confldentiality of all data,files,and records involved with this Agreement.
(2) Except as necessary to fulfill the terms of this Agreement and with the permission of DEO,
Subrecipient shall not divulge to third parties any confidential information obtained by Subrecipient
or its agents, distributors, resellers, subcontractors, officers, oremployees in the course of
performing Subrecipient's work.
(3) Subrecipient agrees not to use or disclose any information concerning a recipient of services under
this Agreement for any purpose not in conformity with state and federal law or regulations except
upon written consent of the recipient or his responsible parent or guardian when authorized by law,
if applicable.
(4) If Subrecipient has access to confidential information in order to fulfill Subrecipient's obligations
under this Agreement, Subrecipient agrees to abide by all applicable DE O Information Technology
Security procedures and policies. Subrecipient(including its employees, subcontractors, agents, or
any other individuals to whom Subrecipient exposes confidential information obtained under this
Subrecipient), shall not store, or allow to be stored, any confidential information on any portable
storage media (e.g., laptops, to drives, hard drives, etc.)or peripheral device with the capacity
to hold information. Failure to strictly comply with this provision shall constitute a breach of
contract.
(5) Subrecipient shall notify DEO in writing of any disclosure of unsecured confidential information of
DEO by Subrecipient, its employees, agents, or representatives which is not in compliance with the
terms of the Agreement (of which it becomes aware). Subrecipient also shall report to DEO any
Security Incidents of which it becomes aware,including those incidents reported to Subrecipient by
its employees,subcontractors,representatives,or agents. For purposes of this Agreement,"Security
Incident" means the attempted or successful unauthorized access, use,disclosure, modification, or
destruction of DEO information in Subreciplent's possession or electronic interference with DEO
operations; however, random attempts at access shall not be considered a security incident.
Subrecipient shall make a report to DEO not more than seven (7) business days after Subrecipient
learns of such use or disclosure. Subrecipient's report shall identify, to the extent known: (i) the
nature of the unauthorized use or disclosure, (H)the confidential information used or disclosed, (iii)
who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has
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done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v)
what corrective action Subrecipient has taken or shall take to prevent future similar unauthorized
use or disclosure. Subrecipient shall provide such other information, including a written report, as
reasonably requested by DEO's Information Security Manager, at Subrecipient!s sole expense.
(6) in the event of a breach of security concerning confidential personal information involved with this
Agreement,Subrecipient shall comply with the provisions of section 501.171,Florida Statutes,When
notification to affected persons is required under this section of the statute, Subrecipient shall
provide that notification, at Subrecipient's sole expense, but only after receipt of DEO's approval of
the contents of the notice. Defined statutorily, and for purposes of this Agreement, "breach of
security"or"breach" means the unauthorized access of data in electronic form containing personal
data. Good faith acquisition of personal information by an employee or agent of Subrecipient is not
a breach, provided the information is not used for a purpose unrelated to Subrecipient's obligations
under this Agreement or is not subject to further unauthorized use.
8. Section 22.,MANDATED CONDITIONS AND OTHER LAWS, is hereby amended to add the following:
S. Pursuant to State of Florida Executive Order Number 21-223, Subrecipient shall utilize the U.S.
Citizenship and Immigration Services'Systematic Alien Verification for Entitlements program (known as
"SAVE"), or any successor or similar applicable verification program, to confirm the eligibility of
beneficiaries before providing any funds, resources, benefits, or any other thing of value during the
Agreement term. Further, Subrecipient shall include in related subcontracts a requirement that
subcontractors performing work or providing services pursuant to the Agreement utilize SAVE, or any
successor or similar applicable verification program, to confirm the eligibility of beneficiaries before
providing any funds, resources, benefits, or any other thing of value during the Agreement term.
9. Section 29.C.,ArrACHMENTS AND EXHIBITS, is hereby amended to add the following attachment:
"Attachment A-3—Low-income Household Water Assistance Program Scope of Work"
10. Exhibit 1-A, Funding Sources, is hereby deleted in its entirety and replaced by the revised Exhibit 1-A,which
is attached hereto and incorporated herein by reference.
11. Attachment A-3,Low-income Household Water Assistance Program Scope of Work,is hereby added to this
Agreement,which is attached hereto and incorporated herein by reference.
12. Attachment F, Transparency Requirements, is hereby deleted in its entirety and replaced by the revised
Attachment F,which is attached hereto and incorporated herein by reference.
13. All other terms and conditions of the Agreement remain in full force and effect.
[Rest of page left intentionally blank]
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STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS THEREOF, by signature below,the Parties agree to abide by the terms, conditions,and provisions
of Agreement E2012 as amended. This Amendment is effective on the date the last Party signs this Amendment.
SUBRECIPIENT STATE OF FLORIDA
MONROE COUNTY,FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
i,` °.DOCUSig ned by
® By:.[
.. .
(Signature)
Ma or David Rice _ .._ _._ Dane Eagle,Secretary
(Print/Type Name and Title Here) Department of Economic Opportunity
6/7/2022
Date::.:. _ ITS 2ffL2 _ Date
59-6000749 Approved as to form and legal
Federal Identification Number sufficiency,subject only to full and
proper execution by the Parties.
, KLSCT2LM.7M9.
UEI Number Office of the General Counsel
Department of Economic Opportunity
..E2012 _..... Doaasignea by:
Agreement Number VA��,Irtt, P L
BY: 1•��
ATTEST: Kevin Madok, Clerk 5/31/2022
i Approved Date:
epic rk
MONROE COUNTY ATTQRNEY
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ATTACHMENT A-3
LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
SCOPE OF WORK AND FUNDING SOURCES
1.SUBRECIPIENT RESPONSIBILITIES
Subrecipient shall comply with, and if applicable, shall ensure all subcontractors' compliance with, the following
requirements:
A. COMPLIANCE REQUIREMENTS
(1) Subreciplent shall use the Li funds to provide water assistance benefits to eligible households with low
income. These funds will be expended in accordance with applicable law and the terms of this Agreement,
including, but not limited to attachments, applicable federal cost principles and regulations, and the current
LIHWAP State Plan.
(2) Subrecipient shall comply with all applicable U.S. Department of Health and Human Services laws, including,
but not limited to,title 42 U.S.C. Chapter 106, and all applicable regulations as set forth in title 45 C.F.R. Part
75 and Part 96,as well as 2 C.F. § 175.15(b) as it relates to 22 U.S.C. 7104 Prevention of trafficking.
B. PAYMENT AND DELIVERABLES
Subrecipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Activity,as described
in this Attachment for successful completion of the Deliverable, as solely determined by DEC.
Deliverable: Direct Client Services and Hours of Operation
(1) Subrecipient shall provide services to a minimum of one household per month and shall have its main
administrative office(s) open for business, with the entrance door open to the public, and at least one
employee on site Monday through Friday, during the hours of 8:00 am to 5:00 pm. This operating hour
requirement does not apply to Subrecipient's outreach locations(Minimum Level of Service).
(2) Subrecipient shall submit a revenue and expense statement supporting costs in sufficient detail to evidence
such costs were allowable,reasonable,allocable,and necessary to serve eligible clients.
(3) Subrecipient shall each month submit a Monthly Financial Activity as described in this Attachment.
C. FINANCIAL CONSEQUENCES
(1) Failure to successfully complete the Minimum Level of Service for the above Deliverable, as determined by
DEO in its sole discretion, will result in nonpayment. DEO shall not reimburse any expenditures associated
with the Deliverable not accepted by DEO as successfully completed; however, this does not preclude
Subrecipient from receiving payment for such expenditures upon successful completion of the Deliverable.
(2) The Financial Consequences identified in this Agreement do not preclude Subrecipient from being subject to
"Debarment and Suspension" as prescribed by DEO. When a Subrecipient fails to comply with the terms of
this Agreement, a temporary suspension of funding for enforcement purposes may be instituted.
D. DEFINITIONS
(1) "Administrative Expense"—Those costs for general administration and coordination of the program,including
direct and indirect costs. This includes the salaries, fringe, rent, utilities, travel, etc. associated with financial
and administrative management of the program.
(2) "Applicant"—A person or persons who has submitted or requested an application for services.
(3) "Application Date"—The date the application is completed(whether by self or with assistance),signed by the
Applicant,and verified by Subrecipient's staff. This date shall not be changed.
(4) "Application Receipt"—The date an Applicant first submits an application for assistance.
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(5) "Client"—An Applicant, household,or customer whose application for assistance has been approved.
(6) "Crisis Assistance" —Assistance provided to an Applicant with no access to, or in danger of losing access to,
needed home water and/or wastewater services. Subrecipient may provide up to two (2) Crisis Assistance
benefits per year.
(a) A maximum of one (1) Home Water Crisis Assistance benefit may be applied to a Client's account to
reconcile arrearages and restore water and/or wastewater services up to the maximum benefit amount
allowable according to those designated in the LIHWAP manual,within a twelve (12) month period.
(b) A maximum of one (1) Home Water Crisis Assistance benefit may be applied to a Client's account to
reconcile any fines or fees that would disrupt reconnection to water and/or wastewater services up to the
maximum benefit amount allowable according to those designated in the LIHWAP manual,within a twelve
(12) month period.
(7) "Eligible Actions"—An action which provides for an intervention to mediate a crisis situation.All applications
for Crisis Assistance must be acted upon by Subrecipient with an Eligible Action taken to mediate the crisis
within eighteen (18) hours of Application Receipt. Eligible Actions include:
(a) Approval of application;
(b) Denial of application pending further information;
(c) Denial of application because Applicant is deemed ineligible;
(d) Contact utility vendor to halt water and/or wastewater disconnection or interruption in services;or
(e) Written referral to, along with providing Applicant assistance in contacting, another agency if LIHWAP
funding is not available or the Applicant is ineligible.
(8) "Home Water Assistance"—Assistance provided to an Applicant to reduce the Applicant's overall home water
burden.Subrecipient must provide at least one(1) Home Water Assistance benefit per calendar year.
(a) A Client may not receive more than one (1) Home Water Assistance benefit per calendar year.
(b) The benefit is not contingent upon current or past due amounts and can be used as a direct credit to the
Client's account.
(c) May be used to pre-pay home water and/or wastewater services up to the amount the Client is eligible to
receive.
(d) Must follow the current benefit payment matrix provided by DEO.
(9) "Household Water Crisis"—shall be defined as having no access or being in immediate danger of losing access
to needed household water and/or wastewater services because of any of the following:
(a) The Applicant's household water source and or wastewater services have been cut off;
(b) The Applicant has been notified that the household water source and or wastewater services is going to
be cut off or disconnected;
(c) The Applicant has received a notice indicating their home water and/or wastewater utility is delinquent
or past due;
(d) The Applicant is unable to get delivery of water, does not have access to water, or is in danger of losing
access to water and/or wastewater services;
(e) The Applicant has a bill for which the due date has lapsed,or
The Applicant has other problems with access to clean drinking water and/or wastewater services to their
home, such as needing to pay a deposit or needing interim emergency measures to avoid further crisis.
(10)"Outreach Expenses" — costs incurred in delivering LIHWAP services that are not purely administrative in
nature.This may include staff expenses such as salaries,fringe, rent, utilities,travel, etc.for those employees
performing outreach and intake,costs for advertising,costs for application supplies and storage of client files.
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(11)"Reasonable Promptness"—Means within fifteen (15)working days of Application Receipt.
E. PROGRAM TASKS&REQUIREMENTS
(1) Subrecipient will administer the LIHWAP Program in accordance with information and directives provided in
DEO-issued Information Memorandum notifications, DEO-issued policy directives (if any), applicable federal
law,and this Agreement.
(2) Subreciplent shall develop an outreach plan and conduct and document outreach activities designed to ensure
that eligible households,especially households with elderly or disabled individuals,young children,and those
with the highest home water burden are made aware of the assistance available under this Agreement. The
outreach plan must be submitted to DEO within sixty(60)days of funding award,
(3) Subrecipient shall assist each Applicant in securing help through other community resources when LIHWAP
funds are not available or are insufficient to meet the emergency home water and/or wastewater needs of an
Applicant.
(4) Subrecipient shall maintain the following written policies:
(a) A written policy that outlines its procedure and requirements for conducting home visits to home-bound
Applicants, especially the elderly or disabled, for completion of the program application or eligibility
determination when other assistance is not adequate.
(b) A written policy to secure Applicants' social security numbers in order to protect their identity. At a
minimum, this policy shall address the handling of both paper and electronic records and files.
Subreciplent shall, in collecting Applicants' social security numbers, use the Notice Regarding Collection
of Social Security Numbers.The Notice shall be signed by the Applicant and maintained in the Client file.
(c) A written policy to assure that all water and/or wastewater vendors to which water assistance payments
are made comply with the requirements of section H of this Attachment.
(d) A written policy on how to document and verify that an Applicant meets the definition of a Home Water
Crisis and is eligible for Crisis Assistance.
(e) A written policy to ensure that LIHWAP funds are appropriately budgeted and expended to sufficiently
allow for energy assistance benefits in both the heating and cooling seasons.
(f) A written policy for determining Applicant's eligibility for receiving benefits under the LIHWAP program.
(g) A written appeals and complaint policy that provides an opportunity for a fair administrative hearing to
Applicants or Clients whose applications for assistance are denied or whose applications are not acted
upon with Reasonable Promptness.Subrecipient shall post its appeal and complaint policy in a prominent
place within Subrecipient's office viewable by all Applicants and Clients.
(5) Subrecipient shall,within fifteen(15)working days of the Application Date,furnish a written Notice of Denial
and Appeals for each Applicant denied assistance. At a minimum, the written Notice of Denial and Appeals
shall contain:
(a) Name of Applicant;
(b) Date of Application;
(c) Type of benefits sought;
(d) Reason(s)for denial;
(e) Statement on Subreciplent's benefit limits, if applicable;
(f) Statement of appeals process;
(g) Explanation of the circumstances under which the Applicant may reapply;
(h) Explanation of the information or documentation needed for the Applicant to reapply;
(i) Name, phone number, and address applicable to the appeal process;and
6) Number of days the Applicant has to file the appeal.
(6) At a minimum, Subrecipient's appeals process must provide an opportunity for an Applicant or Client
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to file a written appeal or complaint with S reci ient's Program Supervisor within ten (10)working
days of receipt of the written Notice of Denial and Appeal:
(a) Upon receipt of a validly filed appeal or complaint, Subrecipient shall respond in writing within ten (10)
working days.
( ) The Applicant or Client may appeal Subreci ie `s first response by filing its objections tote response
with Subreci ient's Director, Executive Director,or Board Chair,as applicable, it in five(5)working days
of receipt oft e first response.
(c) Upon receipt of a validly filed objection o the first response, Sularecipient shall respond in writing within
to (10) working days, and the response must clearly state the final outcome of the appeal, that the
decision is final,and,if applicable,the circumstances under which the Applicant or Client may re-apply for
services®
(7) Subreci ient shall make payments to water and/or wastewater vendors on behalf of eligible Applicants with
e "highest home water needs and lowest household income," which will be determined taking into
account both the water burden and the unique situation of such Applicants that results from having members
of vulnerable o ulations, including very young children,the disabled,and frail older individuals,
(S) Su reci ient shall enter into a Memorandum of Understanding ( ) with all Community Service Bloc
Grants(CS ) in its service area,The MOU will detail cooperative efforts and shall describe the actions that
will be taken by both parties to assure coordination, partnership, and referrals.The Subrecipient shall review
and renew e MOU at least every five ( ) years, Su recipient, in coordination with the local CSBG agency,
shall develop a system by which LIHWAP Clients who have received more than three ( ) LIHWAP benefits i
e last 18 monthsad who are homeowners,are referred tot e CSBG provider. Subreciplents all maintain
records sufficient to document referrals.
( ) Su recipient shall enter into an MOU with service area providers for the Emergency Home Water Assistance
for the Elderly Program ( A ), The MOU will ensure coordination of services, avoid duplication o
assistance, and increase the quality of services provided to elderly participants.The Subrecipient shall review
and renew the MOU at least every two (2) years.The MOU will detail how LIHWAP and EHWAP records (for
households with elderly members) will be checked o avoid duplicate Crisis Assistance payments during the
same season®Subrecipient shall maintain records sufficient t®document coordination.
(1 ) u recipients serving multi-county areas shall provide DEO with a description of how direct client assistance
funds will be allocated among the counties,The allocation methodology must be based at least in part on the
150% of poverty population within each of the counties served. This information must be reported in
Subrecipient'sMulti-County Fund Distribution Form.
(11)Surecipient shall agree to treat owners and renters equitably under the Agreement.
( 2) ubreci lent shall not charge Applicants a fee or accept donations from an Applicant to provide UHWAP
benefits. Subreci Tent shall post the following statements in a prominent place visible to all Applicants and
Clients: "No money, cash or checks, will be requested or accepted from. Applicants or Clients for L1li AP
services of any kind® if an employee asks for money,report this to the agency Executive Director or Department
Head,"
(13)Subrecipient shall have a physical location and operate during hours available to Applicants and in accordance
with the days and times as stated in section B. (1)oft is Attachment.
(14)Su reci ient shall refund to DEO, with non-federal funds, all funds incorrectly paid on behalf of Clients that
cannot be collected from the Client.
(15)Su reci lent shall have appropriate staff attend training sessions scheduled by DEO to cover LIHWAP policies
and procedures.
(1 )Sureciient shall furnish training for all staff members assigned responsibilities within the program.
(17)Subreciient shall be in a position to accept applications after execution of this Agreement and adequate
funding is provided. Subrecipient shall continue taking applications until this Agreement expires or funds are
exhausted, whichever comes first.
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(18)Subrecipient shall comply with the Federal Financial Accountability and Transparency Act (FFATA), This
includes maintaining an active and current profile in the System for Award Management (SAM)
(http:/Zwww.sam.gov SAM
(1 )Subrecipient shall publish and publicize its local outreach office telephone number, as well as the days and
times the outreach office is open. If applicable for the area served, Subrecipient shall have a toll-free
telephone number
F. CLIENT SERVICES AND BENEFITS
(1) Subrecipient shall provide LIHWAP Household Water Assistance benefits based on the state provided LIHWAP
Payment Matrix. The benefit amount is based on the household's income level as compared to the National
Poverty Guidelines and the State Median Income (SM I).
(2) The following maximum benefits will be available to eligible Applicants:
(a) One (1) Home Water Assistance Crisis Assistance benefit for the purpose of reconciling past due
arrears and restoring water and/or wastewater services pert elve (12)month period;
(b) One (1) Home Water Assistance Crisis Assistance benefit for the purpose of reconciling any fees or fines
that would disrupt reconnection to water and/or wastewater services pert elve(12) month period; and
(c) One (1) non-Crisis Home Water Assistance benefit may be used to pre-pay for home water and/or
wastewater service usage up to the maximum allowable benefit specified in the LIHWAP manual per
twelve (12) month period.
(3) Based on local need for LIHWAP services and other non-LIHWAP water assistance resources in its service area,
Subrecipient may limit Crisis Assistance benefits to less than those stated in section F.(2) of this Attachment,
but not less than one(1) Crisis Assistance benefit per year.
(4) Subrecipient shall determine the correct amount of each Crisis Assistance benefit based on the minimum
necessary to resolve the crisis, but not more than the maximum set by DEO. DEO will inform the Subrecipient
of the maximum crisis benefit prior to the beginning of each program year.
(5) When the Applicant is in a crisis situation the Subrecipient shall take one or more Eligible Actions that will
resolve the emergency, within eighteen (18) hours of Application Receipt for a life threatening situation or
forty-eight (48) hours of Application Receipt for a non-life threatening situation, using a Crisis Assistance
benefit and documenting the Client file with which Eligible Action was used.
(6) For all approved applications,Subrecipient shall make payments to vendors on behalf of approved Applicants
no more than forty-five (45)calendar days from the Application Date.
(7) Subrecipient shall,within fifteen(15)working days of the Application Date,furnish in writing to each approved
Applicant a Notice of Approval and Appeals which includes:
(a) Type and amount of assistance;
(b) Name of the water vendor to be paid on the Client's behalf;
(c) The next date when the Client will be eligible to apply for further assistance; and
(d) Subrecipient's Appeal policy,
(8) For Crisis Assistance Applicants, Subrecipient shall compare LIHWAP records and EHWAP records for
households with elderly members to avoid duplicate Crisis Assistance payments during the same eligibility
period and maintain documentation sufficient to ensure compliance with this requirement.
(9) Applicant eligibility shall be based on the following factors:
(a) Subrecipient may only assist Applicants who are, or were, residing in its LIHWAP service area at the time
the home water costs were incurred.
(b) The Applicant must complete an application and return all required information and verification to
Subrecipient or subcontractor
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(c) The Applicant must provide a utility bill verifying an obligation to pay home water and/or wastewater
costs.
(d) The Applicant must have a total gross household income of not more than 150% of the current OMB
federal poverty level for their household's size.
(e) To receive a Crisis Assistance benefit, the Applicant must meet the requirements of having a verifiable
Household Water Crisis as this term is defined in section D. (9)of this Attachment.
(f) If the Applicant lives in government subsidized housing, Subrecipient shall determine if all or part of
Applicant's utility costs are paid directly or indirectly by the government and then take the following
appropriate action:
(i) Subrecipient shall not provide assistance to an Applicant if Applicant's home water and/or wastewater
costs are totally included in Applicant's rent and Applicant has no obligation to pay any portion of the
costs.
(ii) For Crisis Assistance Only: If the Applicant receives a water and/or wastewater service subsidy through
Section 8 or a Public Housing Authority, then Subrecipient shall subtract the amount of the subsidy
available to the Applicant during the period covered bythe utility bill from the allowable LIHWAP crisis
benefit calculated for the household.
(iii) For Home Water Assistance Only: If utility costs are not paid directly or indirectly by a government
entity, the Applicant is eligible for a Home Water Assistance benefit with no deductions at the same
level as other Applicants.
(g) The Applicant must not reside in a group living facility or a home where the cost of residency is at least
partially paid through any foster care or residential program administered by the state.
(h) The Applicant must not be a student living in a dormitory.
(IO)Calculation of income eligibility:
(a) Use the past thirty (30) days earnings for all occupants of the household annualized, or the Applicant's
most current economic situation,whichever is lower.
(b) Reference the current year Sources of Allowable Income to determine what is and is not considered as
allowable income.
(c) Total household income cannot exceed the 150% poverty level as set forth in the Federal Poverty
Guidelines(FPG)or 60%of the State Median Income (SMI), whichever is higher.
(d) If an Applicant cannot document household income and does not receive food stamps, the Subrecipient
shall accept a signed self-declaration of income statement that adequately explains exceptional
circumstances and gives the amount of the Applicant's income.
(e) No household may be excluded solely on the basis of income if the household income is less than 110%
of the poverty level.
G. CLIENT RECORDS
Subrecipient shall maintain information in a file for each LIHWAP Client that includes at least the following
Information-
(1) Client's name, address, sex,and age, and customer name on utility account(if not the Client);
(2) Names, ages, and current identification documentation (no more than one year expired) of all household
members;
(3) Social Security Numbers and documentation of such numbers for all household members or the citation to
the applicable exemption;
(4) Signed Notice Regarding Collection of Social Security Numbers;
(5) income amount and method of verification for all household members;
(6) income documentation to support eligibility;
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(7) Signed statement of self-decla ration of income, if applicable;
(8) Signed statement of how basic living expenses,such as food,shelter,and transportation are being provided if
the total household income is less than 50% of the current Federal Poverty Guidelines and no one in the
household is receiving SNAP assistance;
(9) Copies of approval or denial letters, including appeal procedures, provided to the Client;
(10)Documentation of disability income or physician's statement if preference or additional benefit provided due
to a disability;
(11)Documentation of Client's obligation to pay the water bill for the residence in which Client resides;
(12)Signed Authorization for Release of General and/or Confidential Information for LIHWAP Data, or notation
that the Client did not sign the waiver;
(13)Utility Account Number;
(14)lf LIHWAP prevented disconnection or restored a water disruption and/or wastewater service;and
(15)A signed LIHWAP application with signatures of the Applicant,Subrecipient's representative,and supervisory
staff.
H. WATER and WASTEWATER VENDORS
(1) Unless special circumstances exist which permit Subrecipient to make a payment in the form of a two-party
check made payable to the Client and the water vendor, Subrecipient shall negotiate and maintain written
agreements(the"Vendor Agreement")with water vendors which must at a minimum include:
(a) The beginning and ending date of the Vendor Agreement.
(b) The name and/or title of key contact staff with both the Subrecipient and energy vendor who are
authorized to resolve a crisis situation and make a payment commitment on behalf of a Client.
(c) A description of how Subrecipient shall make water payments directly to the water vendor on behalf of
LIHWAP Clients.
(d) Assurances from the water vendor that no household receiving ILIHWAP assistance will be treated
adversely by the water vendor because of such assistance under applicable provisions of state law or
public regulatory requirements.
(e) Assurances from the water vendor that it will not discriminate,either in the cost of goods supplied or the
services provided,against the eligible household on whose behalf payments are made.
(f) A statement that only water related elements of a utility bill are to be paid. No electric charges may be
paid except if required by the water vendor to resolve the crisis and no other resources to pay that portion
of the bill can be secured by the Client or Subrecipient.
(g) A statement that Subrecipient may not pay for charges that result from illegal activities such as a bad
check or meter tampering. A statement that the water vendor is aware that those charges are the
responsibility of the Client.
(h) A statement that the water vendor is aware that when the benefit amount does not pay for the complete
charges owed by a Client,the Client is responsible for paying the remaining amount owed.
(1) Details on how the water vendor will assist Subrecipient in verifying the LIHWAP Client's account
information and, in the case of crisis assistance,make timely commitments to resolve the crisis.A process
should be in place to verify the current amount owed and the amount necessary to resolve the crisis
situation.
(j) Subrecipient's commitment to make payment to the water vendor no more than forty-five (45) calendar
days from the Application Date.
(k) A statement that the water vendor is aware that if LIHWAP payments made to the water vendor cannot
be applied to the Client's account, the funds will be returned to Subrecipient or, with Subrecipient's
approval,applied to another eligible Client's account.
(2) If the water vendor will participate in the Annual Performance Measure Data Collection, the Vendor
Agreement shall also contain:
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(a) An assurance that the Subrecipient shall collect signed Authorization for Release of General and/or
Confidential Information for LIHWAP Data from eligible Applicants who choose to allow their data to be
collected as part of the annual performance measures and ensure the signed releases are available for
inspection by the water vendor.
(b) An assurance that the water vendor is aware that as long as signed Authorizations for Release of General
and/or Confidential Information for LIHWAP Data are collected and available, the water vendor will
provide the requested customer data to DEO.
(3) The water vendor must be in "active" status with the State of Florida: htt,,,,,: ,sunbiz.or= /search.html and the
water vendor's name must be checked on SA MS at h,tt,�,s:,,,/wwllwl."sllallm.r,�lov. The name on the Vendor
Agreement must match the legal business name on the State of Florida website. Municipal providers are
excluded from this requirement.
(4) The Vendor Agreement must be reviewed by both parties at least every two(2)years.
(5) The Vendor Agreement must be signed by upper level management of both Subrecipient and the water
vendor authorized to enter into such commitments.
2. REPORTS
Subrecipient shall submit the following reports to DEO asspecified below.
A. ANNUAL REPORTS
(1) IRS Form 990:Subreciplents that are below the$750,000 threshold for all Federal awards in its fiscal year,are
non-profit entities, and exempt from the Federal Single Audit Act requirements, shall submit with its
Agreement proposal a copy of its most recent IRS Form 990.
(2) LIHWAP Annual Household Report; Subrecipient shall complete and submit the LIHWAP Annual Household
Report on an annual basis. Subrecipient shall be notified in writing of the due date and submission
requirements.
(3) LIHWAP Annual Performance Measures Report: Subrecipient shall complete and submit the LIHWAP Annual
Performance Measures Report on an annual basis. Subrecipient shall be notified in writing of the due date
and submission requirements.
B. MONTHLY REPORTS
(1) Subrecipient shall submit to DEO the LIHWAP Monthly Financial Activity no later than the 211 day of each
month following the end of the reporting month in which funds were expended.Subrecipient shall submit the
Financial Activity regardless of whether funds were expended. DEO will make its determination whether to
reimburse Subreciplent's costs based on Subrecipient's successful completion of deliverables, as evidenced
by information contained in and submitted with the Financial Activity. Only with prior approval by DEO will
more than one(1)reimbursement be processed for any calendar month.The Monthly Financial Activity must
be submitted in DEO's current electronic financial management system and a signed copy submitted via
facsimile or electronic mail by the due date. In the event the twenty-first day of the month falls on a weekend
day or holiday,the Monthly Financial Activity shall be due on the next business day.
(a) Each Monthly Financial Activity shall contain the following information, at a minimum:
(1) all expenditures that occurred during the reporting month,
(ii) the amount of reimbursement requested,and
(iii) the number of Clients served.
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(b) An authorized signatory shall sign, date, and attest to the veracity of each Monthly Financial Activity.
Subrecipient's submission of a signed and completed Monthly Financial Activity is Subrecipient's
acknowledgement and certification that all expenditures listed therein: are reasonable, necessary,
allowable, and allocable;were expended in accordance with the terms and conditions of this Agreement
as well as all applicable federal, state, and local laws, regulations and written guidance; and have been
reconciled with supporting documentation by Subrecipient, which is readily available to Recipient upon
request.
(c) DEO shall review each Monthly Financial Activity for compliance with the requirements as stated in this
Attachment of this Agreement.
(2) Subrecipient shall submit the Monthly Client Services Report via the current online client tracking and
reporting system to DEO no later than the 21"day of each month following the end of the reporting month
in which Clients were served.
(3) Subrecipient shall submit the Monthly Outreach Report to DEO no later than the 21" day of each month
following the end of the reporting month in which outreach was conducted.
C. MONITORING REPORT RESPONSES
Subrecipient shall provide a written response to DEO for all monitoring report findings or concerns no later than
thirty-five (35)calendar days from the date of the original monitoring report. DEO shall notifV Subrecipient of the
due date for any subsequent monitoring report responses as may be required. If the 35th day falls on a weekend
day or holiday,the response to the original report shall be due on the next business day.Subrecipient may request
an extension in writing for DEO's review and approval.
D. COST ALLOCATION PLAN
Per title 45 C.F.R. § 75,405, Subrecipient is required to have written financial management systems procedures
for determining the reasonableness,allocability,and allowability of costs in accordance with the provisions of the
cost principles and terms and conditions of the award.To document this,Subreciplent must submit a copy of its
written Cost Allocation Plan to DEO with this Agreement.
E. INDIRECT COST RATE PROPOSAL
Subrecipients of federal awards are required to have an approved, federally recognized indirect cost rate
negotiated between such subrecipients, and the Federal Government. If no such rate exists, then Subrecipient
shall have either a rate negotiated with DEO (in compliance with 45 C.F.R. Part 75),or a de minks indirect cost
rate as set forth in 45 C.F.R. §75.414(f). Subrecipient shall submit its current Indirect Cost Rate Proposal to DEO
with this Agreement. If Subrecipient chooses to use the de mini is rate,Subrecipient shall make sure it is legally
entitled to use that rate and include a statement to DEO to that effect with this executed Agreement,Subrecipient
is not obligated to establish an indirect cost rate if Subrecipient does not charge indirect costs.
F. OTHER REPORTS
Upon reasonable notice,Subrecipient shall provide such additional program updates,reports,and information as
may be required by DEO, including supporting or source documentation for any reports identified above in this
Attachment.
G. CLOSE-OUT REPORT
The LIHWAP Close-Out Report is due forty-five calendar days after termination of the Agreement or forty-five(45)
calendar days after completion of the activities contained in the Agreement, whichever occurs first. If the forty-
fifth calendar day falls on a weekend day or holiday,the Close-Out Report shall be due on the next business day.
Subrecipient shall submit original signed documents to DEO that include, at a minimum, the Close-Out Cover
Sheet,the LIHWAP Final Financial Status Report, property inventory and accrual report, report on interest bearing
accounts, a refund check for any unspent funds, if applicable, and a refund check for any interest earned on
advances, if applicable.
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H. SUBMISSION
Unless otherwise noted, reports shall be submitted to Subrecipient's designated Contract Manager as assigned by
DEO and delivered by standard mail or electronic mail using the contact information provided in Paragraph 15 of
this Agreement.
3. PROGRAM STATUTES AND REGULATIONS
A. INCORPORATION OF LAWS,RULES, REGULATIONS AND POLICIES
The applicable documents governing service provision regulations are in the Low-income Home Energy Assistance Act of
1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35), as amended, and the "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for HHS Awards 45 C.F.R., Part 75" (hereinafter
referred to as the "Uniform Guidance"). If this Agreement is made with a commercial(for-profit) organization on a cost-
reimbursement basis, Subrecipient shall be subject to Federal Acquisition Regulations 48 C.F.R. 31.2. Executive Order
12549, Debarment and Suspension from Eligibility for Financial Assistance (Non-procurement) and the following Federal
Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations are also
applicable under this Agreement:
(1) Part 16—Procedures of the Departmental Grant Appeals Board;
(2) Part 30—Claims Collection;
(3) Part 80—Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health
and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964;
(4) Part 81—Practice and Procedure for Hearings Under Part 80 of this Title;
(5) Part 84— Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial
Assistance;
(6) Part 86 — Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal
Financial Assistance;
(7) Part 87—Equal Treatment for Faith Based Organizations;
(8) Part 91—Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance
from HHS;
(9) Part 93—New Restrictions on Lobbying;
(10)Part 96—Block Grants;and
(11)Part 100—Intergovernmental Review of Department of Health and Human Services Programs and activities.
B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
As required by Section 508 of Public Law 103-333,when issuing statements,press releases,requests for proposals,
bid solicitations and other documents describing projects or programs funded in whole or in part with Federal
money, all Subrecipients receiving Federal funds, including but not limited to State and local governments and
Subrecipients of Federal research grants,shall clearly state:
(1) the percentage of the total costs of the program or project which will be financed with Federal money,
(2) the dollar amount of Federal funds for the project or program, and
(3) the percentage and dollar amount of the total costs of the project or program that will be financed by
nongovernmental sources.
C. INTEREST FROM CASH ADVANCES
Subrecipients shall invest cash advances in compliance with 45 C.F.R.§75.305, Payment, paragraph (b)(8).
D. PROGRAM INCOME
Pursuant to 45 C.F.R. §75.307 Subrecipient may apply net program income,after costs incident to the generation
of gross program income are deducted, excluding interest income, to meet matching requirements, or may
reprogram it for eligible program activities.The amount of program income and its disposition must be reported
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to DEO at the time of submission of the final close-out report. Expenditure of program income balances at
Agreement end must be approved by DEO.
E. BONDING
(1) Non-Profit Organizations: Subrecipient shall purchase a blanket fidelity bond covering all officers, employees
and agents of Subrecipient holding a position of trust and authorized to handle funds received or disbursed
under this Agreement. Individual bonds apart from the blanket bond are not acceptable. The amount of the
bond must cover each officer, employee and agent up to an amount equal to at least one-half of the total
LIHWAP agreement amount,Subrecipient shall submit documentation prior to execution of this Agreement.
(2) Local Governments: Subrecipient shall purchase a fidelity bond in accordance with section 113.07, F.S. The
fidelity bond must cover all officers, employees and agents of Subrecipient holding a position of trust and
authorized to handle funds received or disbursed under this Agreement. Subrecipient shall submit
documentation prior to execution of this Agreement.
F. MONITORING
(1) DEO shall conduct a full onsite review of Subrecipient at least once during each three-year period.Subrecipient
shall allow DEO to carry out monitoring,evaluation and technical assistance,and shall ensure the cooperation
of its employees,and of any subcontractors with who Subrecipient contracts to carry out program activities.
(2) DEO shall provide training and technical assistance,within the limits of staff time and budget availability,upon
request by Subrecipient or determination by DEO of Subrecipient need.
(3) DEO shall conduct follow-up reviews including prompt return visits to Subrecipients that fail to meet the goals,
standards,and requirements established by the State and federal funding agency.
G. OTHER PROVISIONS
(1) Subrecipient shall budget a minimum oftwenty-five percent (25%) of the total Agreement funds for
Household Water Assistance.
(2) Subrecipient shall budget a minimum of two percent(2%)of the total NFA funds awarded for a program year
for Weather Related/Supply Shortage emergency assistance. These funds must be held in the Weather
Related/Supply Shortage budget line item category for each NFA until the end of the corresponding program
year, for use in response to a possible disaster. These funds will only be used during state or federal
emergencies declared officially by the President, the Governor, or the Secretary of DEO. In the event of an
emergency being officially declared, if Subrecipient or DEO finds that two percent (2%) of the Weather
Related/Supply Shortage emergency assistance budget is not sufficient to meet the emergency,Subrecipient
may draw from other budgeted line items,up to fifty percent(50%)of the total NFA budget, it additional
written authorization.When funds are distributed for a weather-related/supply shortage emergency,DEO will
provide binding directives as to the allowable expenditures of the funds.After the end of the program year,if
no emergency has been declared,DEO will release the corresponding NFA funds and Subrecipient will allocate
these funds to the crisis or home energy budget line item.Subrecipient shall comply with these directives or
agree that these funds will remain with DEO.
(3) In addition to the record keeping, public records, and audit requirements contained in sections 9 and 19 of
this Agreement,the books, records,and documents required under this Agreement must also be available for
copying and mechanical reproduction on or off the premises of Subrecipient.
(4) If the U.S. Department of Health and Human Services initiates a hearing regarding the expenditure of funds
provided under this Agreement, Subrecipient shall cooperate with, and upon DEO's written request,
participate with DEO in the hearing.
(5) Subrecipient shall maintain records sufficient to allow DEO to determine compliance with the requirements
and objectives of Attachment A and all other applicable laws and regulations.
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4. LIHWAP ASSURANCES
Subrecipient hereby assures and certifies as a condition of receipt of LIHWAP funds, that it, and its subcontractors,
shall comply with the applicable requirements of Federal and State laws,rules, regulations,and guidelines.As part of
its acceptance and use of LIHWAP funds,Subrecipient assures and certifies that:
A. Subrecipient possesses the legal authority to administer the program as approved by Subrecipient's governing
body, including all assurances contained herein.
B. Subrecipient possesses the sound controls and fund accounting procedures necessary to adequately safeguard
the assets of DEO, check the accuracy and reliability of accounting data, promote operating efficiency and
maintain compliance with prescribed management policies of DEO.
C. Subrecipient will permit and cooperate with Federal and State investigations designed to evaluate compliance
with the law.
D. Subrecipient will give DEO, the Auditor General, or any authorized representatives, complete access to examine
all records,books, papers or documents related to all program operations of the grant,including those of any sub-
contractor.
E. Subrecipient will comply with all of the provisions and practices outlined in DEO's most current LIHWAP Program
Monitoring Field Manual.
F. Subrecipient will comply with non-discrimination provisions, in accordance with Florida Statutes; Section 677 of
P.L.97-35;Titles VI and Vil of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84, 86,and 90.
G. Subrecipient will comply with section 2609 of Public Law 97-35,as amended,which prohibits use of LIHWAP funds
for purchase or improvement of land,or the purchase, construction,or permanent improvement of any building
or other facility.
H. This Agreement and all its attachments are true and correct.
I. Subrecipient will prohibit any political activities in accordance with Section 678F(b) of 42 USC 9918, as amended.
J. Administration of this program has been approved by Subrecipient's governing body by official action, and the
officer who signs it is duly authorized to sign this Agreement.
K. Subrecipient shall comply with Title X, Part C of Public Law 103-227, Environmental Tobacco Smoke, also known
as the Pro-Children Act of 1994(Act).This Act requires that smoking not be permitted in any portion of any indoor
facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health,
day care, education, or library services to children under the age of 18, if the services are funded by Federal
programs either directly or through States or local governments. Federal programs include grants, cooperative
agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in
private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for
inpatient drug and alcohol treatment. Subrecipient shall include the above language in any subawards which
contain provisions for children's services and that all subcontractors shall certify compliance accordingly. Failure
to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to$1,000
per day. Subrecipient certifies that it will or will continue to provide a drug-free workplace as set forth by the
regulations implementing the Drug-Free Workplace Act of 1988: 45 C.F.R. part 76, subpart F, Sections 76.630(c)
and (d)(2).
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EXHIBIT 1-A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Awarding Agency: U.S. Department of Health and Human Services
Catalog of Federal Domestic Assistance Title: Low-income Home Energy Assistance Program (formula
grant)
Catalog of Federal Domestic Assistance Number: 93.568
Federal Awarding Agency: U.S. Department of Health and Human Services
l ral i ssistanc it
Low-income Household Water Assistance Program
Cataog of Fede Domestc Ae Te:
(formula grant)
Catalog of Federal Domestic Assistance Number: 93.499
Federal Awarding Agency: U.S. Department of Energy
Catalog of Federal Domestic Assistance Title: Weatherization Assistance Program
Catalog of Federal Domestic Assistance Number: 81.042
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
1. Subrecipient shall use the LIHEAP funds to provide energy assistance benefits to eligible
households with to income.These funds will be expended in accordance with applicable law and
the terms of this Agreement, including, but not limited to attachments, applicable federal cost
principles and regulations, and the most recently approved LIHEAP State Plan.
2. Subreciplent shall use the LIHWAP funds to provide water assistance benefits to eligible
households with to income.These funds will be expended in accordance with applicable law and
the terms of this Agreement, including, but not limited to attachments, applicable federal cost
principles and regulations,and the most recently approved LIHWAP State Plan.
3. recipient shall comply with all applicable U.S. Department of Health and Human Services laws,
including, but not limited to,title 42 U.S.C.Chapter 106,and all applicable regulations as set forth
intitle 45 C.F.R. Part 75 and Part96.
4. recipient shall use the WAP funds to perform energy saving repairs and installation of energy
saving measures on qualified single-family dwellings in accordance with all attachments to this
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Agreement, applicable Uniform Guidance, WAP Procedures Manual, Field Guides, and the most
recently approved WAP State Plan,
5. Subrecipient shall comply with applicable Uniform Guidance, DEO's WAP requirements, and
eligibility requirements as set forth in the U.S. Department of Energy regulations codified in Title
10 of the Code of Federal Regulations, Part 440 —Weatherization Assistance Program for Low-
Income Persons,
STATE RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
.............. ..........
N/A
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program: N/A
SUBJECT TO SECTION 215.97 FLORIDA STATUTES:
..................... .......................-
State Project:N/A
COMPLIANCER UIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AREAS
.............. ....... ..............-.................................... ............................................
FOLLOWS:
N/A
NOTE,Title 45 C.F.R.75.352 and section 215.97(5), Florida Statutes,require that the information about Federal
Programs and State Projects included in Exhibit I be provided to the Subreciplent.
The remainder of this page is intentionally left blank.
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ATTACHMENT F
TRANSPARENCY REQUIREMENTS
1. The Subrecipient shall ensure that they comply with all the requirements outlined in federal law and applicable state
policy.
2. The Subrecipient shall comply with the requirements of 2 CFR 25 Universal Identifier and System for Award
Management (SAM). The Subrecipient must have an active registration in SAM in accordance with 2 CPR Part 25,
appendix A. The Subrecipient must also comply with provisions of the Federal Funding Accountability and
Transparency Act, which includes requirements on executive compensation and 2 CFR 170 Reporting Subaward and
Executive Compensation Information.
3. in compliance with sections 39.201 and 415.1034, Florida Statutes, if the Subrecipient, its agents, employees,
contractors, subcontractors or any other entity performing the services on behalf of the Subrecipient, knows or has
reasonable cause to suspect that a child,aged person,or disabled adult is or has been abused,neglected,or exploited,
the Subreciplent agrees to immediately report such knowledge or suspicion to the Florida Abuse Hotline by calling I-
800- 96ABUSE, or via the web reporting option httPS:Hmyfifamilies.com/service-programs/abuse-hotline/report-
online.shtmi or via fax at 1-800-914-0004.
4. Consistent with 2 CFR 200.113 and 45 CFR 75.113' the Subrecipient must, within one business day of discovery,
disclose any violation of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the
federal award.Additionally,the Subrecipient shall disclose any other on-going civil or criminal litigation,investigation,
arbitration, or administrative proceeding relating to any programs or projects for which Subrecipient receives funds
authorized by this agreement upon execution of this Agreement.
5. For all funds provided by DEO, when issuing statements, press releases, requests for proposals, bid solicitations and
other documents describing projects or programs funded in whole or in part with federal money, the Subrecipient
shall clearly state (i)the percentage of the total costs of the program or project which will be financed with federal
money; (ii)the dollar amount of federal funds for the project or program;and (iii)the percentage and dollar amount
of the total costs of the project or program that will be financed by non-governmental sources. Consolidated
Appropriations Act of 2018, Pub. L. No. 115-141,132 Sat 348,div. H,Title V,Sec. 505 (Mar.23, 2018).
6. In compliance with section 286.25, Florida Statutes, the Subrecipient will ensure any nongovernmental organization
which sponsors a program financed, in whole or in part,with funds provided under this Agreement will, in publicizing,
advertising, or describing the sponsorship of the program, state: "Sponsored by (entities name) and the State of
Florida, Department of Economic Opportunity." If the sponsorship reference is in written form, the words "State of
Florida, Department of Economic Opportunity"will appear in the same size letters or type as the name of the entity.
7. The Subrecipient shall maintain a purchasing procedure. The Subrecipient's purchasing procedure must,at minimum:
A. Ensure that all purchasing decisions are conducted in a transparent manner;
B. Foster competition to ensure that the Subrecipient receives the best value possible;
C. Require approvals in accordance with the Subrecipient's guidelines,prior to entering into a contractthat is exempt
from a competitive process because the services or commodities are available only from a single source; and
D. Require that the Subrecipient take advantage of state term contracts negotiated by the Florida Department of
Management Services to the greatest extent possible.
8. The Subrecipient shall maintain an employee ethics code modeled after the provisions of Chapter 112, Florida
Statutes, which addresses prohibitions on: the acceptance of gifts, self-dealing, unauthorized compensation,
conflicting employment or contractual relationships, inappropriate disclosure and use of information,and nepotism.
9. All Subrecipient travel expenses for this Agreement must be in accordance with section 112.061, Florida Statutes.
-End of Attachment F-
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AMENDMENT NUMBER TWO OF AGREEMENT BETWEEN THE 00[111AL
FLORIDA DEPARTMENT OF COMMERCE
AND
MONROE COUNTY
On March 16,2021,the State of Florida,Department of Commerce("Commerce"),formerly known as the Florida
Department of Economic Opportunity, and Monroe County, Florida ("Subrecipient"), entered into Subgrant
Agreement E2012 ("Agreement"). Commerce and Subrecipient are sometimes referred to herein individually as
a "Party"and collectively as "the Parties."
WHEREAS,Section 4 of the Agreement provides that any amendment to the Agreement shall be in writing and
executed by the Parties thereto; and
WHEREAS,the Agreement was previously amended on June 07, 2022; and
WHEREAS, the Parties wish to amend the Agreement as set forth herein as part of a joint effort to align
Subrecipient spending with legislatively appropriated state budget authority. State budget authority is
determined on an annual basiis through the agency's Legislative Budget Request process.The Legislature reviews
the Legislative Budget Request and determines the amount of state budget authority, which is then codified in
the General Appropriations Act. This is a process required annually by state law; state budget authority is not
determined by the total federal award received by the state.
WHEREAS,this amendment memorializes the alignment of Subrecipient spending with legislatively appropriated
state budget authority and aligns the Period of Agreement with the state fiscal year.Doing so is of mutual benefit
to Subrecipient and Commerce and ensures enhanced transparency and collaboration to the Parties continued
work to provide meaningful services to Floridians.
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and
sufficiency of which are hereby acknowledged,the Parties agree to the following:
1. As set forth in the REPRESENTATIONS section on page 1 of this Agreement, the following provisions are
hereby added:
F. The Parties have engaged in a joint effort to align Subrecipient spending with legislatively appropriated
state budget authority. State budget authority is determined on an annual basis through the agency's
Legislative Budget Request process. The Legislature reviews the Legislative Budget Request and
determines the amount of state budget authority,which is then codified in the General Appropriations
Act. This is a process required annually by state law; state budget authority is not determined by the
total federal award received by the state;and
G. This Agreement memorializes the alignment of Subrecipient spending with legislatively appropriated
state budget authority and aligns the Period of Agreement with the state fiscal year.Doing so is of mutual
benefit to Subrecipient and Commerce and ensures enhanced transparency and collaboration to the
Parties continued work to provide meaningful services to Floridians;and
H. Commerce's obligations under this Agreement are contingent upon the continued availability to
Commerce of legislatively appropriated funds that may be used and are sufficient to support funding
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award/release, and upon Subrecipient's satisfactory performance of its obligations set forth in this
Agreement, as determined by Commerce.
2. Section 1., PERIOD OF AGREEMENT, of this Agreement is hereby deleted in its entirety and replaced with
the following:
1. PERIOD OF AGREEMENT
The Effective Date of this Agreement is July 1, 2023. This Agreement ends on June 30, 2024 (the
"Expiration Date"), unless otherwise terminated as set forth herein. This Agreement terminates,
supersedes, and replaces any prior agreement in effect between Commerce and the Subrecipient
regarding the subject matter set forth herein as of the Effective Date.The period between the Effective
Date and the Expiration Date or the termination date is the"Agreement Period."
3. Section 5.A., FUNDING/CONSIDERATION,of this Agreement is hereby deleted in its entirety and replaced
with the following:
A. This Agreement is a Cost Reimbursement Agreement. Commerce's obligations under this Agreement
are contingent upon the continued availability to Commerce of legislatively appropriated funds that may
be used and are sufficient to support funding award/release, and upon Subrecipient's satisfactory
performance of its obligations set forth in this Agreement,as determined by Commerce. Commerce will
provide funds to the Subrecipient by issuing one or more Notice of Fund Availability ("NFA") through
Commerce's financial management information system. Each NFA may include attachments that
incorporate specific terms, conditions, assurances, restrictions, or other instructions applicable to the
funds provided by the NFA.
The Subrecipient shall comply with all requirements contained within each NFA as a condition precedent
to the receipt of funds and as an ongoing condition to the use and expenditure of the funds. Subrecipient
may incur costs and submit for reimbursement only up to the Total Funds Released dollar amount listed
in the NFA most recently issued by Commerce to the Subrecipient.Subrecipient may not be reimbursed
any amount that exceeds the lesser of the state authorized budget authority or the
"Funds/Available/Release" listed in the NFA most recently issued by Commerce to the Subrecipient.
Each NFA and any attachments thereto, including, but not limited to its special terms, conditions, and
instructions, is incorporated and adopted into the Agreement by reference.
4. Section S.F., FUNDING/CONSIDERATION, of this Agreement is hereby deleted in its entirety and replaced
with the following:
F. Commerce will provide funds in consideration for the Subrecipient's successful performance under this
Agreement. The State of Florida's and Commerce's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida.
Commerce shall have final authority as to both the availability of funds and what constitutes an"annual
appropriation" of funds. The maximum cash available for draw is limited to the amount listed in the
"Funds/Available/Release" in the NFA most recently issued by Commerce to the Subrecipient.
Additional funding is contingent upon (1) availability of funds appropriated by the Legislature of the
State of Florida for the purpose of this program;(2)the availability of future-year budget authority; and
(3) substantial progress towards meeting the objectives of the award. The lack of appropriation or
availability of funds shall not constitute a default on Commerce or the State. if there is a state or federal
funding shortfall,then Subrecipient agrees that Commerce,in its sole discretion,may reduce the amount
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of funding that would otherwise be made available under this Agreement. If applicable, reduction in
funding will be done by NFA.
S. Section 6.A., FISCAL AND ADMINISTRATIVE CONTROLS, of this Agreement is hereby deleted in its entirety
and replaced with the following:
A. Commerce will provide funds to the Subrecipient by issuing NFAs through Commerce's financial
management information system. Each NFA may include NFA Attachments that incorporate specific
terms,conditions,assurances, restrictions,or other instructions applicable to the funds provided by the
NFA. If at any time during the award a budget period is funded on an incremental basis,the maximum
obligation of the program funding is limited to the amount shown on the "Funds/Available/Release" in
the NFA most recently issued by Commerce to the Subrecipient. In addition to execution of this
Agreement, Subrecipient further agrees that by accepting funds made available through an NFA, the
Subrecipient must comply with all terms, conditions, assurances, restrictions, or other instructions
incorporated or listed in the NFA.
6. Section 7.,EMPLOYMENT ELIGIBILITY VERIFICATION,of this Agreement is hereby deleted in its entirety and
replaced with the following:
A. E-Verify is an Internet-based system that allows an employer, using information reported on an
employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States.There is no charge to employers to use E-Verify. The
Department of Homeland Security's E-Verify system can be found at hqp!! 9 iii
B. In accordance with section 448.095, F.S.,the State of Florida expressly requires the following:
(1) Every public agency and its contractors and subcontractors shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees. A public
agency or a contractor or subcontractor thereof may not enter into a contract unless each party
to the contract registers with and uses the E-Verify system.
(2) An employer shall verify each new employee's employment eligibility within three (3) business
days after the first day that the new employee begins working for pay as required under 8 C.F.R.
274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E-
Verify system to verify a new employee's employment eligibility.
C. If an entity does not use E-Verify,the entity shall enroll in the E-Verify system prior to hiring any new
employee or retaining any contract employee after the effective date of this Agreement.
7. All other terms and conditions of the Agreement are hereby reinstated and remain in full force and effect.
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STATE OF FLORIDA
DEPARTMENT OF COMMERCE
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS THEREOF, by signature below,the Parties agree to abide by the terms, conditions, and provisions
of Agreement E2012,as amended. This Amendment is effective on fully 1,2023.
SUBRECIPIENT STATE OF FLORIDA
MONROE COUNTY,FLORIDA DEPARTMENT OF COMMERCE
n�e�sk�e��d
By:LBy:............................................................................................................................................w............................................................................................
(Signature) (Signature)
Sheryl L. Graham
Sr. Director
J.Alex Kelly,Secretary
(Print/Type Name and Title Here) Florida Department of Commerce
7/6/2023
Date: Date:
59-6000749 Approved as to form and legal
Federal Identification Number sufficiency,subject only to full and
proper execution by the Parties.
QKLSCT2LM7M9
UEI Number Office of the General Counsel
Florida Department of Commerce
E2012
Agreement Number
By:
Approved Date:
Monroe County Board of County Commissioners
......
Mayor
Appfoved as to form and legal sou ucietrlgr
Date
Mfanroe County Atiiorney's ice
Chtistina Cory,Assistant Comit)'Attomey
Date:7.6.23
Revised 6.16.23
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